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UNIVERSITY  of  ILLINOIS 

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Number  3 


THE 

University  of  Colorado 


STUDIES 


ARTHUR  ALLIN 
FRANCIS  RAMALEY 
Editors 


PUBLISHED  BY  THE 

UNIVERSITY  OF  COLORADO 

BOULDER,  COLO. 

April,  1903 


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STATE  HIGHWAY  SYSTEMS 


By  John  B.  Phillips 

Until  recent  years  the  energy  devoted  to  improving  transporta- 
tion facilities  has  been  largely  expended  in  building  railroads  and  im- 
proving waterways.  The  common  roads  have  been  neglected.  This 
is  especially  true  in  the  United  States.  But  the  fall  in  the  price  of 
agricultural  products  and  the  fact  that  these  products  must  be  hauled 
for  considerable  distances  over  common  roads  before  reaching  the 
market,  has  made  the  farmers  clamorous  for  a better  highway  sys- 
tem. This  demand  for  road  improvement  has  been  intensified  by 
the  establishment  of  rural  mail  service  and  the  use  of  motor  vehicles. 

In  the  United  States  the  construction  of  highways  has  gen- 
erally been  left  to  the  farmers  owning  lands  adjoining  the  road.  The 
tax  assessed  for  highway  purposes  is  commuted  to  labor  and  worked 
out.  The  roads  are  divided  into  strips  of  varying  lengths  called  dis- 
tricts. The  residents  of  each  district  annually  elect  one  of  their 
number  to  act  as  overseer.  At  a time  when  there  is  a slackness  of 
work  on  the  farm  the  overseer  assembles  the  farmers  for  work  on  the 
road.  The  whole  proceeding  is  in  the  nature  of  a social  gathering, 
the  hours  of  labor  are  short  and  the  allowance  in  highway  tax  paid 
is  large. 

The  conspicuous  failure  of  this  system  has  recently  led  to  new 
legislation  in  the  endeavor  to  settle  the  problem.  Thus  far  the  most 
successful  method  has  been  that  in  which  the  state  undertakes  the 
work  of  road  improvement,  the  contract  being  let  and  the  construc- 
tion supervised  by  a state  officer.  The  expense  is  usually  appor- 
tioned among  the  state,  county  and  local  division.  This  system  with 
some  modifications  has  recently  been  adopted  in  New  York,  Massa- 
chusetts, Connecticut,  New  Jersey  and  Vermont.  California,  Maine 
and  North  Carolina  have  rudimentary  state  road  systems  and  in  Cal- 

2 P 


190 


UNIVERSITY  OF  COLORADO  STUDIES 


ifornia  a constitutional  amendment  providing  for  a state  system 
somewhat  similar  to  that  of  Massachusetts  was  adopted  in  Novem- 
ber, 1902. 

Below  are  digests  of  the  laws  of  those  states  which  provide  state 
aid  or  supervision  in  the  improvement  of  highways: 

Massachusetts. 

In  Massachusetts  state  road  improvement  is  under  the  control 
of  a commission  of  three  members  appointed  by  the  governor;  term, 
three  years;  salary,  president,  $8,500;  others,  $2,500.  On  petition 
of  the  county  commissioners,  mayor  and  aldermen  of  a city  or  select- 
men of  a town  requesting  state  improvement  of  any  highway,  the 
commission  investigate  and  determine  the  necessity  for  improve- 
ment. If  the  commission  act  favorably  on  the  petition,  the  road 
becomes  a state  road  and  remains  permanently  under  the  commis- 
sion’s control. 

When  about  to  construct  any  highway,  the  commission  is  re- 
quired to  give  notice  to  cities  and  towns  through  which  the  road 
passes,  and  may  contract  with  them  without  advertisement  for  its 
construction.  If  not  contracted  for  by  cities  and  towns,  the  work  is 
let  in  the  usual  manner  to  private  parties. 

Construction  of  state  roads  must  be  fairly  apportioned  among 
the  several  counties,  and  not  more  than  ten  miles  may  be  built  in 
any  one  county  in  one  year  except  by  written  consent  of  the  gov- 
ernor and  council. 

One  fourth  of  the  expense  of  highway  improvement  in  any 
county  with  interest  at  three  per  cent,  must  be  repaid  by  the  county 
to  the  state  within  six  years  as  the  commission  and  state  auditor  may 
determine,  taking  into  consideration  the  financial  condition  of  the 
county.*1) 

Annual  expenditure  for  repairs  to  the  amount  of  $50  a mile  is 
charged  to  the  towns  and  cities  where  made.  The  tax  thus  collected 
is  turned  over  to  the  commission  to  be  used  for  road  improvement. 


(i)  Mass.,  ’95,  Chap.  347. 


STATE  HIGHWAY  SYSTEMS 


191 


To  meet  the  expense  of  improving  roads,  a state  loan  has  been  made 
and  a sinking  fund  provided.  Five  hundred  thousand  dollars  was 
appropriated  annually  for  1900  and  1901. 

Five  per  cent,  of  the  annual  appropriations  for  road  improve- 
ment is  to  be  spent  in  amounts  at  the  discretion  of  the  commission, 
in  towns  where  no  state  road  has  been  built.  Such  improvement  is 
to  be  made  only  on  petition  of  the  selectmen  and  when  made  the 
road  remains  a town  highway/1! 

New  Jersey. 

In  New  Jersey  the  improvement  of  roads  is  in  the  hands  of  the 
county  boards  of  chosen  freeholders,  acting  under  the  supervision  of 
a state  road  commissioner  appointed  by  the  governor  for  three  years 
at  a salary  of  $2,500.  Whenever  the  board  of  chosen  freeholders 
determine  to  improve  any  road  in  the  county,  estimates,  plans  and 
specifications  are  filed  with  the  state  road  commissioner.  If  after 
investigation,  the  commissioner  decides  that  the  improvement  is 
necessary  and  can  be  made  within  the  state  appropriation,  he  may 
approve  the  plans.  The  director  of  chosen  freeholders  then  adver- 
tises for  bids  and  lets  the  contract,  and  the  state  commisioner  ap- 
points a supervisor  to  oversee  construction.  On  completion  of  work 
the  supervisor  must  file  itemized  statements  of  cost  with  the  board 
of  chosen  freeholders  and  state  commissioner.  One-tliird  of  the  cost 
of  improvement  is  paid  by  the  state  and  two-thirds  by  the  county. 
The  annual  state  appropriation  is  $150,000. (2!  When  completed,  the 
road  is  a county  road  and  must  be  maintained  by  the  board  of  chosen 
freeholders.  They  must  appoint  a road  supervisor  and  fix  his 
salary/3! 

Proceedings  for  the  improvement  of  a road  may  also  be  begun 
by  individuals.  On  petition  of  owners  of  two-thirds  of  property  in 
lineal  feet  or  area  abutting  on  a highway,  stating  that  they  will  pay 
10  per  cent,  of  the  cost  of  improvement,  the  board  of  chosen  free- 

0)  Mass.,  ’00,  Chap,  432. 

(2)  N.  J.,  ’99,  Chap.  43. 

(3)  N.  J.,  ’95,  Chap.  443. 


192 


UNIVERSITY  OF  COLORADO  STUDIES 


holders  must  cause  the  improvement  to  be  made  in  the  same  manner 
as  above  described.  When  completed,  the  circuit  court  appoints 
commissioners  to  assess  the  benefits  on  abutting  owners/1) 

Connecticut. 

Road  improvement  in  Connecticut  is  under  the  supervision  of 
a state  highway  commissioner  appointed  by  the  governor  for  four 
years  at  a salary  of  $3,000.  The  commissioner  makes  a biennial 
report  to  the  legislature.  Whenever  a town  determines  to  improve 
a road,  the  selectmen,  with  the  approval  of  the  state  commissioner 
select  the  portion  to  be  improved.  The  selectmen  cause  a survey  to 
be  made  and  submit  it  to  the  commissioner,  who  prepares  plans  and 
specifications  and  estimates  the  cost.  If  the  cost  is  not  to  exceed 
$1,000,  the  commissioner  may  allow  the  town  to  do  the  work  without 
competition;  otherwise,  the  selectmen  must  advertise  and  let  the 
contract  to  the  lowest  bidder.  Contracts  must  be  approved  by  the 
state  commissioner  and  filed  in  his  office.  The  highway  commis- 
sioner may  appoint  inspectors  to  supervise  construction,  and  fix  their 
salaries  which  are  paid  by  the  state  but  not  more  than  $10,000  may 
be  so  spent  annually.  When  completed  the  road  is  kept  in  repair 
by  the  town/2) 

In  towns  of  more  than  $1,000,000  assessed  valuation,  two-thirds 
and  in  other  towns  three-fourths  of  the  cost  of  road  improvement  is 
paid  by  the  state.  The  balance  is  paid  by  the  towns.  In  one  year, 
not  more  than  $4,500  of  state  money  may  be  spent  in  any  one  town. 
Certificates  of  cost  of  improvement  must  be  filed  with  the  state 
highway  commissioner.  No  money  may  be  paid  out  by  the  state 
controller  for  road  purposes  except  on  certificate  of  the  state  high- 
way commissioner.  Total  state  annual  payments  may  not  exceed 
$225,000. 

New  York. 

The  New  York  system  of  state  aid  and  control  in  the  improve- 
ment of  highways  was  adopted  in  1898.  The  initative  is  taken  by 

(1)  N.  J.,  ’95,  Chap.  223;  ’99.  Chap.  44. 

(2)  Ct..  ’99,  Chap.  175;  ’01,  Chap.  149. 


STATE  HIGHWAY  SYSTEMS 


193 


a majority  of  the  property  owners  facing  the  road  to  be  improved 
or  by  the  township  and  is  in  the  form  of  a petition  to  the  board  of 
supervisors.  If  the  petition  is  from  the  abutting  property  owners, 
the  board  must  apply  to  the  state  engineer  for  aid  in  the  improve- 
ment. Petitions  from  townships  are  not  mandatory  on  the  board 
of  supervisors.  The  application  to  the  state  engineer  must  desig- 
nate and  describe  the  road  to  be  improved  and  give  its  length.  The 
state  engineer  then  examines  the  road  and  if  he  considers  it  of  suf- 
ficient importance  to  warrant  state  aid,  he  orders  a survey,  together 
with  plans  and  estimates  of  the  cost  of  the  improvement.  These 
are  then  submitted  by  him  to  the  board  of  supervisors,  and  if  ap- 
proved by  the  board,  the  contract  is  let  and  the  road  constructed 
under  the  supervision  of  the  state  engineer. 

Fifty  per  cent,  of  the  cost  of  the  improvement  is  paid  by  the 
state,  thirty-five  per  cent,  by  the  county,  and  fifteen  per  cent,  by 
the  town,  or  if  the  property  owners  have  petitioned,  by  those  whose 
lands  are  benefited.  When  completed  the  road  must  be  kept  in  repair 
by  the  town. 

The  state  engineer  is  required  to  collect  statistics  and  informa- 
tion concerning  roads  and  advise  with  local  officers  and  persons  in- 
terested in  road  improvement.  He  must  hold  at  least  one  public 
meeting  annually  in  each  county  in  the  interest  of  good  roads. (1) 

Since  the  passage  of  the  law  the  state  appropriations  in  aid  of 
highways  have  been  as  follows:  1898,  $50,000;  1899,  $50,000; 
1900,  $150,000  ; 1901,  $120,000. 

Maine. 

In  this  state  there  is  no  state  commissioner  of  highways,  but 
state  aid  is  given  to  towns  constructing  improved  roads.  On  the 
request  of  the  municipal  officers  of  any  town,  the  county  commission- 
ers designate  some  road  as  a main  thoroughfare,  and  the  road  thus 
designated  becomes  a state  road. 

The  town  builds  the  road  and  the  work  is  inspected  and  ap- 
proved by  the  county  commissioners.  The  commissioners  certify  to 


(i)  N.  Y.,  ’98,  Chap.  115. 


194 


UNIVERSITY  OF  COLORADO  STUDIES 


the  governor  and  council  that  the  road  is  completed,  and  state  the 
amount  that  has  been  expended  by  the  town.  The  town  is  entitled  to 
receive  from  the  state  an  amount  equal  to  that  expended  in  road 
improvement  up  to  $100,  this  being  the  maximum  amount  of  state 
aid  that  can  be  given  any  one  town.  Towns  must  apply  for  state  aid 
to  the  secretary  of  state.  Applications  are  filed  in  the  order  in  which 
received.  If  the  appropriation  is  insufficient  to  pay  all  claims  in  any 
one  year,  the  last  claims  received  are  paid  from  the  following  year’s 
appropriation.  The  appropriation  for  1902  was  $15,000.^ 

Y ERMONT. 

In  this  state  there  is  a state  highway  commissioner  appointed 
by  the  governor  for  a term  of  two  years;  compensation,  $4  a day 
and  traveling  expenses.  The  commissioner  supervises  the  expendi- 
ture by  towns  of  state  highway  money  and  gives  advice  to  town  road 
commissioners. 

A state  tax  of  one-half  mill  on  a dollar  of  valuation  is  annually 
levied  and  distributed  to  the  towns  in  proportion  to  their  road 

mileage/1 2! 

The  town  road  commissioners  make  to  the  state  commissioner  a 
detailed  report  of  roads  built  and  the  expense  of  building.  If  the 
state  commissioner  is  satisfied  that  the  town  has  spent  an  amount 
equal  to  its  portion  of  state  highway  tax,  he  issues  his  certificate  on 
the  state  treasurer  in  favor  of  the  town. 

The  road  commissioners  of  the  various  towns  in  a county  consti- 
tute a county  board  of  road  commissioners.  The  county  boards 
meet  annually  in  their  respective  counties  with  the  state  commis- 
sioner. The  state  commissioner  may  employ  experts  to  instruct  in 
road  maintenance  and  building,  and  he  may  personally  direct  the 
work  in  towns/3! 

North  Carolina. 

In  North  Carolina  there  is  a state  highway  commission  com- 
posed of  the  commissioner  of  agriculture  and  state  geologist.  No 

(1)  Me.,  ’01,  Chap.  285. 

(2)  Vt.  Statutes,  ’94,  23434. 

(3)  Vt..  ’98,  Chap.  65. 


STATE  HIGHWAY  SYSTEMS 


195 


additional  compensation  is  allowed  these  officers  for  services  as  high- 
way commissioners.  The  commission  is  to  advise  with  county  and 
town  authorities  concerning  road  and  bridge  improvements  and  may 
furnish  without  charge  to  the  local  authorities  the  services  of  an  en- 
gineer to  aid  in  road  building.  The  commission  also  makes  rules 
and  regulations  for  the  employment  of  convicts  on  roads,  and  issues 
bulletins.  There  is  no  state  highway  system  or  financial  aid  to 
localities, 

Califoknia. 

There  is  a department  of  highways  in  California  under  the  con- 
trol of  a commissioner  appointed  by  the  governor  for  a term  of  four 
years  at  a salary  of  $3,000.  The  department  is  to  take  possession 
of  the  highways  that  have  been  or  may  be  declared  state  roads  and 
have  charge  of  the  state  expenditures  for  highway  purposes.  It  is  also 
required  to  advise  with  local  road  authorities,  investigate  road  con- 
struction, issue  bulletins,  and  report  biennially  to  the  governor.  A 
number  of  roads  specially  built  by  the  state  are  under  the  control 
of  the  commission  and  a constitutional  amendment  empowering  the 
legislature  to  establish  a state  highway  system  and  aid  in  the  con- 
struction of  local  roads  was  adopted  in  November,  1902.(1 2> 


(1)  N.  C.,  ’01.  Chap.  50. 

(2)  Cal.,  ’97,  Chap.  267;  ’01,  p.  960. 


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